AG 20-867 - Clark Automotive Services GroupRETURN TO: Tim Johnson EXT: 2412
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT
ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE Q. BY. ASAP
TYPE OF DOCUMENT (CHECK ONE):
0 CONTRACTOR SELECTION DOCUMENT (E.G, RFB, RF?, RFQ)
1:1 PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT
11 PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT
El GOODS AND SERVICE AGREEMENT El HUMAN SERVICES / CBG
El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
Ej ORDINANCE El RESOLUTION
* CONTRACT AMENDMENT (AG#): DINTERLOCAL
* OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
1�-1
PROJECTNAME: CARES ACT GR,ANT ROUND !R�OUN
NAME OF CONTRACTOR: CLARK AUTOMOTIVE SERVICES GROUP LLC
ADDRESS: 32627 PACIFIC HWY s, FEDERAL WAY WA 98003-6403 TELEPHONE: (253) 495-0201
E-MAIL: SPARKSCCFW@COMCAST.NET
SIGNATURE NAME: KENNETH CLARK TITLE: SEE ACHED
TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) TWO THOUSAND AND NO," 100 ($2,000A)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND k6l
REIMBURSABLE EXPENSE: D YES X NO IF YES, MAXIMUM DOLLAR AMOUNT:
IS SALES TAX OWED DYES X NO IF YES, $-- - PAID BY. El CONTRACTOR 13 CITY
RETAINAGE: RETAfNAGEAmoUNT: El RETAfNAGE AGREEMENT (SEE CONTRACT) OR El RETArNAGE BOND PROVIDE
El PURCHASING: PLEASE CHARGE TO: 00 1- 1 800-990-E,��L_jj.-gjkgt(qdq-42?
0. DOCUMENT/CONTRACT REVIEW INITIAL DATE REVIEWED INITIAL / DATE APPROVED
E] PR0'JK1,T MANAGER 7�0
1JaIRECTOR &I
0 RISK MANAGEMENT (IF APPLICABLE)
11 LAW
1. COUNCEL APPROVAIL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:,mom ----
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
F-1 SENT TO VENDOR/CONTRACTOR. DATE SENT: ---- DATE R-EC'D:—,—
Ej ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
• CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE
(Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.)
INITIAL/ DATE SIGNED
• LAW DEPARTMENT N
[-,t,S'4GNAI'ORY (MAYOR OR DIRECTOR)
El CITY CLERK
El ASSIGNED AG # AG#
1/2020
4 CITY OF
A
Fbderal MI
CrrY HALL
33325 Sth Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
mm cityoffedetalway coln
%CARES ACT FUNDS BUSINESS SUPPORT GIU11T AG,_Lq�'EMENT
WITH
RK AUTOMOTIVE SERVICES GROUP LLC
This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Clark Automotive Services Group LLC, a limited liability group ("Grantee"). The
City and Grantee (together "Parties") are located and do business at the below addresses which shall be valid for
any notice required under this Agreement:
CLARK AUTOMOTIVE SERVICES
GROUPLLC:
r-'-ENNETH CLARK
32627 Pacific Hwy S
IE,'EDERAL WAY, WA 98003-6403
Ade Ariwoola
33325 8th Ave. S.
Federal Way, WA 98003-6325
(253) 835-2414 (telephone)
(253) 835-2509 (facsimile)
..........
1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions
described herein.
2. CONDITIONS OF GRANT.
2.1 Warranties:. The Grantee warrants the following, which are pre -requisites for grant eligibility:
a) Grantee operates a business physically located within the political boundaries of the City
of Federal Way;
b) Grantee maintains a current City of Federal Way business license;
c) Grantee has paid all taxes and government fees due up to the date of execution of this
grant agreement;
d) Grantee's business employees no more than the equivalent of ten (10) full-time
employees (20,800 man-hours total for all employees per year);
e) Grantee's net revenues do not exceed more than $1.5 million per year;
f) Grantee doe's not operate as a tax-exempt business as defined by the Internal Revenue
Service;
g) Due to COVID-1 , Grantee business (ehegkall that appy);:
Was required by state or local order to close
Was forced to lay off employees due to reduced patronage
Incurred over $1,000 in CAVI -19 related expenses
Experienced 10-50% lost revenue
Experienced over 50% lost revenue
CITY OF CITY HALL
33325 8th Avenue South
Federal Way Federal Way, WA 98003-6325
(253) 835-7000
www- cityoffederalway com
2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes:
a) Mortgage or Rent
b) Personal Protection Equipment
c) Insurance
d) Utilities
e) Marketing
f) Payroll
Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its
designee upon request.
3. TERMINATION. Should any of the conditions described in section 2.1 above, not be met, the City
may recover all disbursed grant funds and terminate this agreement.
4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses
Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount
not to exceed Two Thousand and NO/ 100 Dollars ($2,000. 00).
4.2 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment
under this Agreement for any fiscal period, the City will not be obligated to make payments under this
agreement.
5.1 The Grantee agrees to release indemnify, defend, and hold the City, its
elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from
Yny and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments,
awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or
litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents,
licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the
performance of this Agreement, except for that portion of the claims caused by the City's sole negligence.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the
event of liability for damages arising out of bodily injury to persons or damages to property caused by or
resulting from the concurrent negligence of the Grantee and the City, the Grantee's liability hereunder shall be
only to the extent of the Grantee's negligence. Gr.
- •
ection or acceptance of any of Grantee's work when completed shall not be grounds to avoid any of
these covenants of indemnification.
5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Grantee
waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51
RCW, solely for the purposes of this indemnification. Grantee's indemnification shall not be limited in any way
by any limitation on the amount of damages, compensation or benefits payable to or by any third party under
workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further
acknowledge that they have mutually negotiated this waiver.
CITY OF
ra
CITY HALL
33325 Sth Avenue South
Federal Way., VVA 98003-6325
(253) 835-7000
wive cityoffedera/way coo
5.3 City fndOnpM . The City agrees to release, indemnify, defend and hold the Grantee, its
officers, directors, shareholders, partners, employees, agents, representatives, and subcontractors harmless from
any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments,
awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or
litigation expenses to or by any and all persons or entities, including without limitation, their respective agents,
licensees, or representatives, arising from, resulting from • connected with this Agreement to the extent solely
caused by the negligent acts, errors, or omissions of the City.
5.4 Survival. The provisions of this Section shall survive the expiration or termination of this
Agreement with respect to any event occurring prior to such expiration or termination.
6.1 InteKpretation and Modification. This Agreement contains all of the agreements of the Parties
with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements,
whether oral or written, shall be effective for any purpose. Any provision of this'Agreement that is declared
invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and
such other provisions shall remain in full force and effect. No provision of this Agreement, including this
f1rovision, may be amended, waived, or modified except by written agreement signed by duly authorized
representatives •` the Parties.
6.2 Enforcement. Any notices required to be given by the Parties shall be delivered at the addresses
set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the
notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice
so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any
remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be
cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to
insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to
exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver
or relinquishment • • covenants, agreements or options, and the same shall be and remain in full force and
"1- '2X61r.�4r.42h�*sxdeclare anw, breach or default iminediatelp u_#.,,on occurrence shall not waive
such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's
right to declare another breach • default. This Agreement shall be made in, governed by, and interpreted in
accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or
claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be
by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County,
Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court
does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County,
Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County,
Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any
claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and
expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other
recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the
Parties' rights to indemnification under Section 5 of this Agreement.
CITY at
AN, Fbdoral Alay
4W .1
CITY HALL
33325 Sth Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
mvw cityoffederalway com
6.3 Execution. Each individual executing this Agreement on behalf of the City and Grantee
represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This
A eement mWA be executed in anqj number of countei-avarts, each of which shall be deemed an ori-ginal and with
t e same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed
together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce
one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled
together to form a single instrument comprised of all pages of this Agreement and a complete set of all
signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a
counterpart of this Agreement shall be the "date of mutual execution" hereof.
CLARK AUTOMOTIVE SERVICES GROUP LLC-,
By:
C'N
Printed Name:
Title: q
X
<10/7/2020 Washington State Department of Revenue
< Business Lookup
License Information: New search Back to results
Entity name: CLARK AUTOMOTIVE SERVICESGROUP, LIMITED LIABILITY COMPANY
Business name: SPARKS CAR CARE
Entity type: Limited Liability Company
UBIf t 603-355-757
Business ID: 001
Location ID: 0001
Location: Active
Location and Mailing address: 32627 PACIFIC H S
FEDERAL WAY WA 98003-6403
Excise tax and reseller permit status:
Click here
Secretary of State status:
Click here
Endorsements
Endorsements held at this location License # Count Details Status Expiration date
First issuance dal
Federal Way General Business
Active Sep -30-2021
Sep -17-2020
Governinge l May include governing people not m9hTered with Secretary of State
Governing people
Title
CLARK, KENNETH
Member
Registered
Registered trade names
Status
First issued
SPARKS CAR CARE
Active
Dec -10-2013
The Business Lookup information is updated nightly. Search date and time: 10/7/2020 9:25:50 AM
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